Lupo v. Wyeth-Ayerst Laboratories

MEMORANDUM OPINION

HEARTFIELD, District Judge.

1. The court denies Plaintiffs Motion for New Trial [52],

Background

2. Plaintiff, James Doyle Lupo, sued defendants, Wyeth-Ayerst Laboratories (Wyeth) and American Home Products Corporation (American), for discriminating against him based on age, in violation Section 21.051 of the Texas Labor Code (Section 21.051), 1 and for intentional infliction of emotional distress. Mem.Op. ¶ 1. Following the close of discovery, the court granted the motion of Wyeth and American for summary judgment on both of Lupo’s claims. Mem. Op. ¶¶ 2, 54. It explained this…